Research On Jurisdiction Of Cybercrime Cases

Network brings great convenience to life,but also derived a new type of crime,network crime refers to the network as the object of crime,with the network as a tool or in the network space of the crime.In order to solve the jurisdictional conflicts of cybercrime cases,it is necessary to study the jurisdictional problems of cybercrime.Legal procedure is the premise of correct judicature,jurisdiction as the starting point of criminal proceedings,proper jurisdiction is an organic part of legal procedure,which contains the basic value of judicial activities such as punishment of crime,protection of human rights,and effective litigation.As the largest developing country,China also faces the question of jurisdiction.Net data,combined with cases,and the written judgment on the concept of network crime jurisdiction and the jurisdiction of the characteristics of network crime was summarized,and so as to induce the network administration problem of criminal cases,including: investigation under the jurisdiction of the conflict of jurisdiction and the jurisdiction of the trial entities,incorporate the use of optional the gender is big,the designation of jurisdiction specified operation is not smooth,the jurisdiction of the international conflicts.The reasons for the above problems include: the jurisdiction of cybercrime cases is too broad,the regulation of designated jurisdiction and combined jurisdiction is not standard,and the supervision mechanism is not perfect.In order to solve the jurisdictional problems,this paper sorts out the provisions of the jurisdiction of non-regional countries on cybercrime cases,analyzes the research status of non-regional countries and gets enlightenment,and draws on useful experience for the reconstruction of China’s cybercrime jurisdiction mechanism,including limiting the scope of territorial jurisdiction of cybercrime and optimizing the content of jurisdictional objections.To reconstruct the jurisdiction system of cybercrime,we should first revise the jurisdiction standard of cybercrime in our country,establish the jurisdiction standard of crime place under the actual harm connection,restrict the disorderly expansion of the scope of crime place,and establish the jurisdiction principle based on the location of the victim from the perspective of protecting the victim.To avoid litigation procedure that resulted because of the jurisdiction of the problems in program flow back,need to optimize the mechanism of the jurisdiction of the court,the introduction of the victim’s right of jurisdiction and the jurisdiction objection to put on record in advance stage of the establishment of the jurisdiction of the designation of jurisdiction and incorporate standards,strictly to break the present situation of the standard fuzzy,and pay attention to the procuratorial organs should play the role of supervision,establish the public security organ to the procuratorial organ of synchronous report system of supervision beforehand,to optimize the investigation of the use of jurisdiction;In addition,in order to deal with the trans-regional status of cybercrime,the coordination mechanism between regions should be built to realize the effective connection of information sharing and case handling between public security organs,so as to ensure that the jurisdiction problem is solved in the cradle.Finally,in order to solve the problems in the jurisdiction of transnational cybercrime,we should start from the two aspects of promoting the international legislation of cybercrime jurisdiction and strengthening the international cooperation,gradually improve the coordination mechanism of transnational jurisdiction,and solve the problems in the jurisdiction of transnational cybercrime in many aspects.